Hello. I have been married for just under four years. I reside in Monroe County, NY. My husband is attending college in Japan. I have asked him to come home, but he has refused. We haven’t lived together since mid-January. Would I be able to sight abandonment for an annulment, or would I have to get a divorce?
Abandonment is not grounds for an annulment. It is one of the grounds for divorce, but it must be nonconsensual, and in this case, your husband left the house to attend college in Japan, most likely with your consent. In any event, it requires that the abandonment is for more than one year, and in your case, it appears that it is for less than one year. There are other grounds, however, which can be used for divorce, especially if we have the cooperation of your spouse.
If you’re living in the New York City metropolitan area, please, call me at 212-370-1660 to arrange for a meeting to discuss the matter in greater length.
Leonard M. Weiner, Esq./Divorce Solutions